EDITORIAL: Putting some bite in public record laws

In one of the more predictable spring events, the N.C. League of Municipalities has stated its opposition to a bill now in the N.C. Senate that would make it a misdemeanor for local governments to illegally withhold release of a public record upon request.

Yes, like blooms appearing on red buds, dogwoods and azaleas, Senate Bill 125, proposed by Republican Sen. Thom Goolsby , of Wilmington, was advanced in the General Assembly. And like pollen, the ritual thumbs-down arrived from the league, which represents the interests of cities and towns in North Carolina.

But not the interests of the people, who pay a huge chunk of their bill.

Annually, measures to advance the cause of open government are introduced into the N.C. General Assembly. Just as regularly, state groups advising local governments find fault with opening documents or meetings to taxpaying citizens. Ahh , the spring smells of freshly mowed grass or newly butchered legislation abound.

The long title of SB125 is, An Act to Make Violations of the Public Records and Open Meetings Laws a Class 3 Misdemeanor. What the law would do is put some backbone into state measures already in place to protect the liberty not only of the press but private citizens.

Under the current laws, if a governing board conducts business in secret, there is no penalty. If a citizen asks for a public record but is denied by anyone at city hall, county office or the board of education, absolutely no one is held accountable.

Why have a law if no one pays a penalty for breaking it?

Under the bill filed by Goolsby and co-sponsored by Republican Sen. Tom Apodaca , of Hendersonville, a person violating the public records or meetings law would face a Class 3 misdemeanor charge. The maximum fine for a Class 3 misdemeanor is $200, with up to 10 days of community punishment for a first offense.

Goolsby has said that the charge would go against the person in charge of an office of government or the elected official who denies access to a record  not a clerk or other municipal employee who is following directions from a superior.

In erring on the side of open government and open records, no one should face criminal charges. Better training, coupled with instructing local government staff members to simply follow the law, should mitigate most errors in judgment that could occur.